1996-12
RESOLUTION NO. PC 96-12
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A TENTATIVE MAP, DESIGN REVIEW, VARIANCE, AND COASTAL
DEVELOPMENT PERMIT REQUEST FOR A 40 LOT SUBDIVISION OF A 12.6 ACRE
PARCEL AND CONSTRUCTION OF 40 DETACHED SINGLE-FAMILY DWELLINGS'
FOR THE PROPERTY LOCATED AT 209 SAXONY RD. (AT THE EASTERLY
TERMINUS OF SEACREST WAY) IN OLD ENCINIT AS
(CASE NO. 95-066 TMlDRlV/CDPIEIA)
WHEREAS, a request for consideration of a Tentative Map to subdivide a 12.6 acre parcel into
40 lots in the R5 zone, Design Review for 40 single-family dwellings proposed to be constructed
on the resulting lots, a Variance to allow future homes for 2 lots to encroach into the required front
yard setback a maximum of 11 ft. in anticipation of the extension of a temporary cul de sac, and a
Coastal Development Pennit for all of the above was filed by Beck Properties pursuant to Title 24
and Chapters 23.08, 30.78, 30.80, and 30.16 of the City of Encinitas Municipal Code, for the
property located at 209 Saxony Rd., adjacent and east of the extension of Seacrest Way, legally
described as:
(See Attachment "A")
WHEREAS, a public hearing was held by the Encinitas Planning Commission on June 18,
1996; and
WHEREAS, the Planning Commission considered:
1.
The staff report for the June 18, 1996 meeting with all attachments;
2.
Project plans comprised of the Tentative Map consisting of four sheets dated received by
the City ofEncinitas on March 24, 1995, house floor plans and elevations consisting of 6
sheets dated received April 30, 1996, site plan/site cross-sections consisting of2 sheets also
dated received April 30, 1996, landscape plan for slope buffer areas and street trees
comprised of three sheets dated received May 15, 1996, and fence/wall details on one sheet
dated received May 15, 1996; all signed by a City Official as approved by the Encinitas
Planning Commission on May 30, 1996 and shall not be altered without Community
Development Department review and approval;
3.
The Certified Environmental Impact Report prepared by Brian F. Mooney Associates dated
March 13, 1996, which was certified by the Planning Commission as complete in
accordance with the provisions of the California Environmental Quality Act on April 11,
1996;
4. Oral evidence submitted at the hearing;
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5. Written evidence submitted at the hearing; and
WHEREAS, the Planning Commission made the following findings pursuant to Title 24 and
Chapters 23.08,30.16,30.78, and 30.80 of the Encinitas Municipal Code:
(SEE ATTACHMENT liB")
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Encinitas that application 95-066 TMIIDR/V/CDPÆIA is hereby approved subject to the following
conditions:
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED by the Planning Commission of the City ofEncinitas that:
In the independent judgment of the Planning Commission,. the proposed project will have no
significant adverse environmental impacts with incorporation of the mitigation measures and
Mitigation Monitoring and Reporting Program set forth in the Final Environmental Impact Report
prepared by Brian F. Mooney Associates and dated March 13, 1996, said Environmental Impact
Report having been certified by the Planning Commission as complete in accordance with the
provisions of the California Environmental Quality Act on April 11, 1996.
PASSED AND ADOPTED this 18th day of June, 1996, by the following vote, to wit:
AYES:
Commissioners Bagg, Jacobson, Lanham, Patton, and Wells
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
~ ~~4-
Sandra Holder
Secretary
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ATTACHMENT "A"
RESOLUTION NO. PC 96-12
CASE # 95-866 TMlDRN/CDPÆIA
THE EASTERL Y 600.45 FEET OF THE SOUTH 1/2 OF THE SOU1HEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS; AND
THE NORTH 475'FEET OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN B~ARDINOJ MERIPIAN, INTHECITY OF ENCINITAS.
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RESOLUTION NO. 96-12
ATTACHMENT "B"
FINDINGS FOR A TENTATIVE MAP (MUNI. CODE TITLE 24)
FINDINGS TO EXCEED MID-RANGE DENSITY (MUNI. CODE CHAPT. 30.16)
FINDINGS FOR A VARIANCE (MUNI. CODE CHAPT. 30.78)
FINDINGS FOR DESIGN REVIEW (MUNI. CODE CHAPT. 23.08)
FINDINGS FOR A COASTAL PERMIT (MUNI. CODE CHAPT. 30.80)
(Case # 95-066 TMlDRN/CDPIEIA)
I. Findings for a Tentative Map:
a.
. .
That the proposed map is consistent with applicable general and specific plans asspecìfied
in Section 65451 of the Subdivision Map Act.
Facts: There is no applicable specific plan. The General Plan allows a density
range of3.01-5 dwelling units per acre in the Residential 3-5 designation.
. Discussion: The project density is 4.05 dwelling units per acre, within the
allowable density range of the R5 Zone (3-5 dwelling units per acre):
Conclusion: The Commission finds that the proposed map is consistent with the
General Plan subject to the required specific and standard conditions contained in
the approved resolution.
b.
That the design or improvement of the proposed subdivision is consistent with applicable
general and specific plans.
Facts: Chapter 24.12 of the Municipal Code sets forth design standards for
subdivisions and Chapter 30.16 of the Municipal Code sets forth technical
standards, such as lot width and depth requirements, in the R5 zone.
Discussion: No specific plans apply to the project. The proposed lot dimensions,
access, and all other désign criteria satisfy City standards for the R5 zone contained
in Chapters 24.12 and 30.16 of the Encinitas Municipal Code.
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COliclusion: The Commission finds that the "project confonns to the General Plan
since all technicalrequiren1ents '&.IF met pursuant to the Enc~ Municipal Code.
c.
That the site is,physically suitable for the type of development.
Facts: The site has been previously graded and developed with greenhouses and 2
single-family dwelling structures. Soils and Hydrology reports by a qualified
engineer were submitted and reviewed as part of application processing.
Discussion: The preliminary soils and hydrology reports, as well as all other
documentation submitted with the application, do not identify any constraints which
would limit use of the property beyond that proposed subject to proper grading
practices which are required as conditions of this approval.
Conclusion: The Commission finds that the subject site is physically suitable for
future development with detached single-family development since the soils report,
site assessments, hydrology study, and other information submitted with the
application do not indicate site constraints to development.
d.
That the site is physically suitable for the proposed density of development.
Facts: The project will result in a density of 4.05 dulac. The R-5 Zone allows a
density of up to 5 dwellings per acre.
Discussion: The project density, in addition to being within the allowable range for
the zone, is suitable since project (subdivision) design indicates that the allowed
single-family homes can easily be accommodated within the building envelopes
which will result.
Conclusion: The Commission finds that the proposal will result in an acceptable
density since the project density will be within the allowed range and project design
indicates that adequate building envelopes will result for the single-family detached
development pennitted in the R5 zone.
e.
That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat. .
Facts: An Environmental Impact Report (EIR) was prepared for this project. The
Final EIR, prepared by Brian F. Mooney Associates dated March 13, 1996, was
certified as complete in accordance with the provisions of the California
Environmental Quality Act by the Planning Commission on April 11, 1996.
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Discussion: The Environmental Impact report concluded that with incorporation of
the mitigation measures and Mitigation Monitoring and Reporting Program set forth
on pages 59 through 65 therein and incorporated as conditions of this approval,
including mitigations related to traffic, soils and view impacts, the project will not
. result in any significant adverse impacts to the environment.
Conclusion: The Commission finds that with incorporation of the mitisation
measures set forth in the Environmental Impact report prepared by Brian F. Mooney
Associates dated March 13, 1996 and certified by the Planning Commission as
complete in accordanœ with the provisions of the. California Environmental Quality
Act on April 11, 1996, the project will not result in any significant adverse
environmental impacts.
f.
That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Facts: The applicant has obtained letters of sewer and water availability and all
public utilities and services are in place to serve the project.
Discussion: All .applicable serviCes required by the subdivision can be provided.
Therefore, the project will not cause serious public health problems.
Conclusion: The Commission finds that since all necessary services can be
provided for the subdivision, and since no other adverse health impacts can be
identified with the project, the subdivision is not likely to cause any adverse health
impacts.
g.
That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision.
Facts: All easements of record are required to be identified on the tentative map.
Discussion: No easements have been identified on the subject property with which
any of the lots or subsequent development thereon would conflict. The existing 15
ft. access easement along the westerly boundary of the property south of Seacrest
Way may be relinquished by the property owners to the south in the future;
however, the map has been designed with a "worst-case" supposition that it will
remain (though it is unused and does not abut Seacrest Way for legal access) as a
buffer area. Other easements shown for utilities or drainage will not conflict.
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Conclusion: The Commission finds that the proposed subdivision will have no
conflict with any easements since no easements have been identified on the ~bject
property with which the proposed map would conflict.
h.
The Final or Parcel Map is in substantial compliance with the previously approved
Tentative Map.
Conclusion: Not applicable for consideration of the Tentative Map.
i.
The City Council and the authorized agency have not acted in accordance with Section
66747.5 of the act relating to land projects. .
Conelusion: The City has not acted to revert the subject property to acreage.
j.
In accordance with Sections 66473 and 66472.5 of the Map Act, the Map complies with the
conditions or requirements imposed by Title 24 and the Map Act.
Fads: The subdivision is required to meet all Map Act and Municipal Code
standards in effect at the time the application was deemed to be complete.
Discussion: Staff and the Authorized Agency have identified no provisions of The
Act (in effect at the time the application was deemed to be complete) with which
this proposed tentative map would not comply. 1qe map complies with all standards
contained in Title 24 of the Municipal Code, including the design standards
contained in Chapt. 24.12.
Conclusion: The Commission finds that the proposed subdivision meets all the
Map Act and Municipal Code standards in effect at the time the application was
deemed to be complete.
k.
The proposed subdivision is entirely within the corporate boundaries of the City.
Conclusion: The subject property is entirèly within City boundaries.
1.
The property is served by an on-site sewage disposal system and the Health Department has
certified that the system is satisfactory to support the proposed subdivision.
Conclusion: The subject property will be served by off-site sewer facilities in place
and available to the property fÌ'Om the Encinitas Sanitary District.
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II. Findings to Exceed Mid-Rage Density
In accordance with Sect. 30.16.010 B.(2b.) of the Municipal Code, the following findings of fact
must be made by the authorized agency to allow a Tentative Map to exceed mid-range density:
(1) The Project shows high sensitivity to the neighboring properties and area to ensure
compatibility with land uses and community character, and;
(2) The project design significantly exceeds the minimum standards for development (lot
size, setbacks, lot width and depth, landscape standards and design standards) and;
(3) The project either:
provides needed public improvements that are significantly beyond the requirements
for the project, or;
provides private or public recreational facilities that significantly exceed the
project's requirements, or;
provides other significant benefits.
Facts: At 4.05 dwelling units per acre, the project slightly exceeds the 4.0 dulac mid-range
density of the R5 zone.
Discussion: The project could be easily designed to not exceed mid-range density by not
extending the cul de sac to the south property line. However, this was done in order to
provide for connectivity for residential projects to the south of the site as encouraged by
General Plan policies, so that they will not need to take access off Encinitas Blvd. in an
undesirable location, and as such show sensitivity to neighboring property in accordance
with finding (1) above. Sensitivity is also provided in that design review has been agreed to
by the applicant as a condition of approval to insure that future homes will not significantly
impact views fÌ'Om Quail Botanical Gardens, adjacent to the east. Pursuant to (2), all 40 lots
exceed minimum lot area, width, and depth requirements of the R5 zone. With regard to
finding (3), both extension of the cul de sac to the south property line and the agreement
that future homes be designed/modified to respect existing significant views are significant
benefits. .
Conclusion: For the reasons cited in the above discussion, the Commission finds that the
project design warrants making the findings to exceed mid-range density in accordance with
Sect. 30.16.010 B (2b.) of the Municipal Code.
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m. Findings for a Variance
A. A variance fÌ'Om the tenus of the zoning regulations shall be granted only when, because of the
special circumstances applicable to the property, including size, shape, topography t lOcation or
surroundings, the strict application of the zoning regulations deprives such property of privileges
enjoyed by other property in the vicinity and under the same zoning classification.
Facts: The zoning ordinance (Chapt. 30.16) requires 25 ft. fÌ'Ont and rear yard setbacks in
the R5 zone.
Discussion: The special circumstance applicable in this instance is that lots 34 and 35 are
located adjacent to the south property line where the internal cul de sac is located with the
intention of providing connectivity. to the lots adjacent to the south when they subsequently
develop. Therefore, the cul de sac will likely not remain indefinitely and that, once the
adjoining properties develop and the cul de sac is removed and the road extended
southward, the fÌ'Ont yards for these homes will be restored to a 30 ft. front setback. That
fÌ'Ont yard, as well as a more typical building envelope which results for lots this size and in
this zone, is the privilege enjoyed by others in the same vicinity and zone.
Conclusion: The Commission finds that the location of the lots relative to the temporary
cul de sac is a special circumstance which, without benefit of a variance, would constrain
the buildable area of the lot in an undesirable manner inconsistent with that enjoyed by
other nearby properties in the vicinity and zone.
B. Any variance. granted shall be subject to such conditions as will assure that the adjustment
thereby authorize«(will not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the same vicinity and zone in which such property is situated.
Facts: The variance would constitute a grant of special privilege if the subject property
were identical or similar to others in the area, such that the entitlement of the variance
. .
would be applicable to them as well.
Discussion: Typically, cul de sacs are designed to be permanent and are not located
abutting an exterior property line, such that lots can be designed radially around the cul de
sac and provide typical building envelopes. Since the special circumstance in this case is
related to the location of two proposed homes relative to a temporary cul de sac abutting the
south lot line, the applicant's situation is dissimilar to other typical properties or
subdivisions and therefore the variance would not constitute a grant of special privilege.
Conclusion: The Commission finds that no conditions are necessary to insure that approval
of this variance does not constitute a grant of special privilege since few if any other
properties in the area would be under similar circumstances with a temporary cul de sac
abutting an exterior property line.
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C. A variance will not be granted for a parcel of property which authorizes a use or activity which is
not otherwise expressly authorized by the zoning regulations governing the parcel of property. The
provisions of this section shall not apply to use permits.
Conclusion: Use of the subject sites for single family detached residences is expressly
allowed in the R5 zone and no other use will be authorized through this pennit.
D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in
the vicinity and undèr identical zoning classification:
1. Could be avoided by an alternate development plan which would be of less significant impact to
the site and adjacent properties than the project requiring a variance.
2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor;
3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the
zoning code;
4. Would authorize or legalize the maintenance of any public or private nuisance.
Facts:
(1) The alternative strategies available would involve either (a) setting the houses back the
required 25 ft. from the bulb of the cul de sac, in which case they would ultimately be set
back approx. 16 ft. further than other homes on the street, or (b) not extend the cuI de sac,
precluding future access for the residentially zoned properties to the south.
(2) The need for the variance is a result of the voluntary extension of the cul de sac to the
south property line to create a superior design; there is no "need" for a variance vis a vis the
intent of this finding since an inferior design could be proposed which would not require a
variance.
(3) The variance would not be of such a degree of variation as to constitute a rezoning since
it applies to only 2 lots under special circumstances relating to a temporary cul de sac.
(4) The variance would not legalize maintenance of any public or private nuisance as none
has been identified.
Discussion:
(1) Design of the subdivision with a permanent cul de sac away from the property line
would be of 1I1Oœ impact to the surrounding areas in that it would preclude northward
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access for future residential development and leave them, as their only option, to take access
southward to Encinitas Blvd. Similarly, setting the homes back 16 ft. further than other
homes along the street would be of more impact in creating homes out of character with the
area.
(2) The variance is being requested because an atypical layout is warranted to comply with
General Plan policies and provide the most desirable design. It is not one made necessary
by any previous action taken by the applicant or their predecessors; an inferior design could
be proposed which would not require:a VaI'Ûmce.
(3) Since few if any properties in the same vicinity - zone are under the same
circumstances, they would not be able to assert the same entitlement and this variance
would thus not constitute a rezoning in effect.
(4) The variance would not legalize maintenance of any public or private nuisance as none
has been identified.
Conclusion:
(1) The Commission finds that although alternative strategies are available as noted above,
these alternatives would be of more impact to SUlTOunding areas since they would deprive
future residential developments of northward access and force them to take inferior access
southward to Encinitas Blvd.
(2) The Commission finds that none of the factors resulting in the need for the variance are
the result of any action of the applicant or the applicant's predecessor, since there is no
"need" for the variance in that an inferior design could be provided not requiring a variance.
The present design is proposed in order to provide a better design confonning with General
Plan policies.
(3) The Commission finds that approval of the variance will not constitute a rezoning since
few if any properties in the area are under comparable circumstances and could thus claim
rights to the same entitlement.
(4) The Commission finds that the variance will not legalize maintenance of any public or
private nuisance since none has been identified.
IV. FINDINGS FOR DESIGN REVIEW
A. The project design is consistent with the General Plan, any Specific Plan, or the
provisions of this Code.
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Discussion: Subject to the City's conditions of approval, the project will conform with all
development regulations contained in the Municipal Code. The project is consistent with
the residential zone regulations of Sect. 30.16.010 and, more specifically, the regulations for
the single-family residential zones of Sect. 30.16.010 (C). There is no applicable specific
plan. Staff and the Commission have identified no goals or policies of the General Plan with
which this proposal would be inconsistent.
B. The project design is substantially consistent with the City's Design Review Guidelines.
Discussion: What follows is a brief discussion of the project as it relates to the City's
Design Review Guidelines, broken down by Section:
a. Site Design -
1.2, 1.3 - No significant mature trees or other landscaping or significant assets of the
site have been noted for preservation, apart ftom a "Dragon Tree" near the northeast
comer of the site, which may be taken and preserved by Quail Botanical Gardens if
desired. Changes to present land fonDs will create terraced pads for the homes but
will generally parallel the existing terrain.
1.4 - An extensive analysis of view issues was performed for this project in
conjunction with Envfronmental review. The Environmental Impact Report
certified for the project concluded that "...the project as proposed will not have a
demonstrable negative aesthetic effect on'significant view corridors and therefore
will not have a significant impact under CEQA". Nevertheless, pad and building
heights have been limited by the applicant (as set forth in Table 1, page 9 of the
EIR) in the northeast portion of the .site to minimize the visibility .of the homes fÌ'Om
the edge of the parking lot area of the gardens along with increased building
separations and setbacks in the northeast portion of the site. Limitations as to the
type and size of landscaping along "B-Lane" has also been limited.
b. Building Design
2.1, 2.3 - The homes are of 3 different models with 3 different exterior design
treatments for each and 3 different color palettes available, such that adequate
design variation will occur. The architectural treatment of the homes is carried out
consistently among all elevations as well as among the different homes.
2.4 - Variation in exterior materials and colors has been used with constraint. All
homes feature exteriors utilizing primarily stuCco or wood siding, some with brick
or stone veneer accents. A color palette consisting of softer complementary colors
for building exteriors with compatible colors for building trim has been submitted
by the applicant and was considered at the hearing.
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2.6, 2.7, 2.11 - Each home features several pitched or hipped roof elements which
help create visual interest and reduce building mass. Variation in horizontal and
vertical lines is substantial.
c. LaI1dscape Design
3.1, 3.2 - Landscape materials selected for slope and buffer areas are repeated
throughout and should promote a sense of continuity and cohesiveness. Apart fÌ'Om
perimeter Plantings, rear yard landscaping is proposed to be left to the individual
property owners.
3.3, 3.9 - Most landscape materials are drought tolerant species and many are
contained in the City's "Master Plant Materials List".
3.7 - The applicants have selected common street trees for each of the two phases
associated with the project which will help to unify the streetscape and provide a
common theme.
3.10,3.11 - The applicant is proposing to utilize a 6 ft. high masonry wall along the
north and east property boundaries with Quail Botanical Gardens in order to
enhance the separation of the uses. Along the westerly boundaries of the site, a 5 ft.
wall consisting of 3 ft. of stucco with 2 ft. of wrought iron above has been utilized
for view considerations. Elsewhere, wood fencing is utilized and there will be 5 ft.
wood "good neighbor" fencing in the side yards separating each lot.
S~: The Commission finds that the project is in substantial conformance with the
City's Design Review Guidelines.
C. The project would not adversely affect the health, safety, or general welfare of the
community.
Discussion: Subject to the conditions of approval which include the mitigation measures
and Mitigation Monitoring and Reporting Program set forth on pages 59-65 of the certified
EIR for the project, this project will result in no significant adverse impacts to the
environment or the community. The project EIR, prepared by Brian F. Mooney Associates
and dated March 13, 1996, was certified by the Planning Commission on April 11, 1996.
D. The project would not cause the surrounding neighborhood to depreciate materially in
appearance or value.
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Discussion: The project represents an upgrade to the site and no evidence has been
presented to suggest that any material depreciation would result to the appearance or values
in the neighborhood.
V. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
1.
The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2.
The proposed development confonns with Public Resources Code 21000 and following in
that there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any signifiCant adverse impact that the activity may have on the
environment.
~ This project is goverQed by the Encinitas General. Plan and Municipal Code,
specifically. the residential zone regulations contained in Chapter 30.16, the design review
criteria contained in Chapter 23.08, and the variance provisions of .Chapter 30.78. An
Environmental Impact Report was prepared for this project and was certified by the
Planning Commission on April 11, 1996.
Discussion: With approval of the associated fÌ'Ont yard setback variance for two lots
discussed in this document, the project is in full compliance with all óf the other
development standards contained in the Municipal Code and is fully consistent with the
General Plan and Local Coastal plan. Subject to the conditions of approval which include
the mitigation measures and Mitigation Monitoring and Reporting Program set forth on
pages 59-65 of the certified EIR for the project, this project will result in no significant
adverse impacts to the environment or the community. The project EIR, prepared by Brian
F. Mooney Associates and dated March 13, 1996, was certified by the Planning
Commission on April 11, 1996. Therefore, there are no potentially significant adverse
impacts associated with this project and thus finding #2 is not applicable.
Conclusion: The Commission finds that the project is consistent with the certified Local
Coastal Program of the City of Encinitas and that required finding #2 is not applicable since
no significant adverse impact is associated with the project.
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Applicant:
Case No:
Subject:
Location:
1.
RESOLUTION NO. PC 96-12
CONDmONS OF APPROVAL
ATTACHMENT "C"
Beck Properties
95-066 TMlDR/V ICDPÆIA
Conditions for Tentative Map and Design Review for 40 detached homes
209 Saxony Road
SPECIFIC CONDmONS
THE APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT
DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDmONS:
A.
The developer shall make arrangements to provide affordable housing units in
accordance with Chapter 24.21 of the Municipal Code prior to Final Map approval
at a rate of one unit per ten lots to the satisfaction of the Community Development
Department as provided for under the Municipal Code at the time of the Final Map.
B.
Prior to Final Map approval, the developer shall agree to install slope butTer
plantings along the north and east property boundaries fÌ'Onting Quail Botanical
Gardens as approved by the City. The developer shall also execute and record
covenants which shall provide that future owners of these lots shall be responsible
for the maintenance of slope butTer plantings installed by the developer and that any
dead or removed plant materials shall be replaced in kind.
C.
Prior to Final Map approval, the developer shall execute and record covenants on all
of the subject lots to furnish constructive notice to future owners of the presence of
the adjoining Quail Botanical Gardens Park, and the agricultural operations and
public visitation that are associated with it. Said covenants will also set forth that an
additional 10ft. rear yard setback shall be observed on lots ftonting the northerly
property boundary fÌ'Onting Quail ~ and an additional 25 ft. landscaped slope
butTer shall be observed within the lots abutting the easterly property line adjacent
to the Quail Gardens property.
D.
The Mitigation Monitoring and Reporting Program (MMRP) as set forth in the
Certified Environmental Impact Report prepared by Brian F. Mooney Associates
dated March 13, 1996, herein referenced, $hall be established and funded by the
developer or property owner. The amount .neœ~ will be detennined by the
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2.
Directors of the Engineering Services and Community Development prior to
issuance of any pennits for the project. The applican.t shall comply with all
mitigation measures contained therein to the satisfaction of the Community
Development Department, said mitigation measures and the approved Mitigation
Monitoring and Reporting program being set forth on pages 59. through 65,
inclusive of the EIR. Those mitigation measures include, by reference the table of
allowable pad and building heights set forth as "Table 1" in Section n (p.9) of the
EIR.
E.
Prior to Final Map approval, the applicant shall submit for Community
Development Department approval a landscape plan which shows required street
trees, other plantings in the public right-of-way, and erosion control plantings for all
manufactured slopes. At a minimum, such a plan shall provide specifications for
the planting types, mixes, sizes, spacing, irrigation, and maintenance requirements.
All street tree plantings along the northerly leg of "B-Lane" shall consist of
primarily low-profile vegetation which shall be certified by a qualified Landscape
Architect as being materials whose mature height will not exceed 264 feet above
1983 Mean Sea Level. Other landscaping for individual homesites may be at the
discretion of each homeowner, pursuant to future site plan review.
F.
Prior to building pennit issuance, the applicant shall submit plans detailing fence
and wall construction around the perimeter of the project to be found satisfactory by
the Community Development Department.
G.
At completion of approved roadway improvements the City of Encinitas shall post
(at the applicant's expense as provided for in tlÌe Municipal Code) a "No Parking
Zone" on the east side of Saxony Road for a distance of about 200 feet south and 50
feet north of Seacrest Way, and shall paint a loo-foot centerline and a limit line on
Seacrest Way.
H.
Building plans shall indicate that the roofs of the homes have predominantly east-.
west oriented ridgelines to the satisfaction of the C~mmunity Development
Department for purposes of minimizing any visual impacts to adjoining properties.
STANDARD CONDmONS
GENERAL CONDITIONS
A.
B.
This approval will expire in three years, on June 18, 1999 at 5:00 p.m. unless the
conditions have been met and the Final Map has been recorded, or an extension has
been approved by the Authorized Agency.
This approval may be appealed to the authorized agency within 1 0 calendar days
fÌ'Om the date of this approval. .
CDAf:l95066TM.RES Last Edit: 6/18/96
C.
Approval of this request shall not waive compliance with any sections of the
Municipal Code and all other applicable City Ordinances in effect at the time of
Building Pennit issuance unless specifically waived here.
D.
Project is approved as evidenced by the Tentative Map consisting of four sheets
dated received by the City of Encinitas on March 24, 1995, house floor plans and
elevations consisting of 6 sheets dated received April 30, 1996, site plan/site cross-
sections consisting of2 sheets also dated received April 30, 1996, landscape plan for
slope buffer areas and street trees comprised of three sheets dated received May 15~
1996, and fence/wall details on one sheet dated received May 15, 1996; all signed
by a City Official as approved by the Encinitas Planning Commission on June 18,
1996 and shall not be altered without Community Development Department review
and approval.
E.
All construction and grading activities shall comply with the City Municipal Code
regulations which limit such activities to between the hours of 7:00 a.m. and 7:00
p.m., Monday through Saturday.
F.
All street lighting to be shielded and focused downward away from adjoining
properties including the adjacent Quail Botanical Gardens to the east.
G.
For new residential dwelling unit(s), the applicant shall pay development fees at the
established rate. Such fees maY include,. but not be limited to: Pennit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage
Fees, and. Park Fees. Arrangements to pay these fees shall,be made prior to final
map approval as deemed necessary by the appropriate agency.
H.
Any change to the natural drainage or concentration of drainage shall be adequately
handled and shall not impact adjacent properties.
I.
The project is subject to Chapter 23.26 of the Municipal Code, which requires a
landscape aad irrigation plan to be prepared by a State licensed landscape
professional. The requirements for the plans are listed in Chapter 23.26. The
landscape and irrigation plans must be submitted as part of1:he building pennit
application for the project.
J.
All required plantings and irrigation systems shall be. in place prior to use or'
occupancy of new buildings or structures. All required plantings and irrigation
. systems shall be maintained in good condition, and whenever necessary, shall be
replaced with new materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All landscaping and irrigation
systems shall be maintained in a manner that will not depreciate adjacent property
CDAcl95066TM.RES Last Edit: 6/21196
values and otherwise adversely affect adjacent properties. All irrigation lines shall
be installed and maintained underground.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The following conditions apply to this project. These conditions must be satisfied prior to final Fire
Department approval.
3.
FIRE CONDmONS
A.
ACCESS ROADWAYS: The clear and unobstructed paved width of a fire access
roadway shall not be less than twenty-four (24') feet.
B.
TURNAROUNDS: All dead-end access roadways in excess of 150 feet in length
shall be provided with a cul-de-sac with a radius of not less than 34 feet. Where
topography would prevent the construction of a cul-de-sac, an alternate turn-around
approved by the Fire Chief may be installed.
C.
GRADE: The gradient for a fire apparatus access roadway shall not exceed 20%.
The angle of departure and approach shall not exceed the maximum allowed by the
Fire Chief.
D.
GATES: All automatic gates across fire access roadways shall be equipped with an
approved emergency key operated switch that will override all. command functions
and open the gate. Gates accessing four or more residences or residential lots shall
also be equipped with emergency traffic control activating strobe sensor(s), which
will activate and open the gate on the approach of emergency apparatus. . All
automatic gates must meet Fire Department policies deemed necessary by the Chief
for rapid, reliable access.
E.
RESPONSE MAPS: Any development which necessi~ by virtue of new
structures, fire hydrants, roadways or similar features, shall be required to provide a
map in a format compatible with current department mapping services, and shall be
charged a reasonable fee for updating all response maps.
F.
COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on
site, water and sew~ systems shall satisfactorily pass all ~uired tests and be
connected to the public water and sewer systems. In additiOI1; the first lift of asphalt
pav41g shall be in place to provide a permanent all weather access for emergency
vehicles. Said access shall be maintained to the satisfaction of the Fire Department.
CDAc:I95066TM. RES Last Edit: 6118/96
G.
OBSTRUCTIONS: All traffic lanes shall be a minimum of twenty-four (24') feet
wide during construction and shall be maintained clear and free of obstructions
during construction in accordance with Fire Department Policy.
H.
FIRE HYDRANTS AND FLOWS: Submit a letter fÌ'Om the Encinitas Fire
Department stating satisfaction with the type, number, and location of fire hydrants.
A letter from the water agency serving the area shall be provided which states the
required fire flow is available. Provisions shall be made to insure maximum water
pressure does not exceed 250 psi. A pressure reducing station will be required for
pressures in excess of 250 psi. Fire hydrants shall be of a bronze type and shall be
identified by the installation of a blue two-sided reflective road marker pursuant to
Fire Department Standards.
I.
ADDRESS NUMBERS: Address numbers shall be clearly visible fÌ'Om the street
fronting the structure. The height of numbers shall conform to Fire Department
Standards. Where structures are located off a roadway on long driveways, a
monument shall be placed at the enm.nce where the driveway intersects the main
roadway. Permanent numbers shall be affixed on this marker.
1.
RECORDATION: Prior to final recordation or development approval, the applicant
sh81l submit to the Community Development Department a letter fÌ'Om the Fire
Department stating that all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the Fire Department.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDmONS:
All City Codes, regulations, and policies in effect at the time of final map submittal shall
apply.
4.
GRADING CONDmONS
A.
No grading pennits shall be issued for this subdivision prior to recordation
of the final map.
B.
The developer shall obtain a grading permit prior to the commencement of
any clearing or grading of the site. .
C.
The grading for this project is defined in Chapter 23.24 of the Encinitas
Municipal Code. Grading shall be performed under the observation of a
civil engineer whose responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the approved grading
CDAcI95066TM.RES Last Edit: 6/18/96
s.
plan, submit required reports to the Director of Engineering Services and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
D.
No grading shall occur outside the limits of the SUBDIVISION unless a
letter of pennission is obtained fÌ'Om the owners of the affected properties.
E.
A separate grading plan shall be submitted and approved and a separate
grading permit issued for the borrow or disposal site if located within the
city limits.
F.
All newly created slopes within this project shall be no steeper than 2: 1.
G.
A soils/geologicaJJhydraulic report (as applicable) shall be prepared by a
qualified engineer licensed by the State of California to perform such work.
Such report shall be submitted for review prior to final map approval.
H.
The report prepared July 1, 1991 by MY Environmental, Inc., describes
elevated levels of pesticides in some areas within the development. The
grading plan must recognize this condition, and show solutions
commensurate with regulations.
I.
Prior to hauling dirt or construction materials to any proposed construction
site within this project the developer shall submit to and receive approval
fÌ'Om the Director of Engineering Services for the proposed haul route. The
developer shall comply with all conditions and requirements the Director of
Engineering Services may impose with regardS to the hauling operation.
DRAINAGE CONDmONS
A.
A drainage system capable of handling and disposing of all surface water
originating within the subdivision and all surface waters that may flow onto
the subdivision fÌ'Om adjacent lands shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage. It must be
demonstrated that the drainage system receiving the flow entering the
existing drainage ditch at the southwest comer of the property has the
capacity for the expected flow, and I'eI11edial construction may be needed if
drainage capacity is inadequate. It must also be demonstrated that the
drainage system receiving the flow entering Seacrest Way will not be
overloaded, and remedial construction may be required if drainage capacity
is inadequate.
CDAcI95066TM.RES Last Edit: 6/18/96
B.
.The ówner of the subject property shall execute a hold harmless covenant
regarding drainage across the adjacent property prior to approval of the
FINAL MAP for this project. .
C.
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
6.
. ,STREET CONDmONS
A.
The developer shall make an offer of dedication to the City for all public
streets and easements required by these conditions or shown on the
Tentative Map. The offer shall be made by a certificate on the Final Map for
this project. All land so offered shall be granted to the City ftee and clear of
all liens and encumbrances and without cost to the City. Streets that are
already public are not required to be rededicated.
B.
Prior to any work being performed in the public right-of-way, a right-of-way
construction permit shall be obtained ftom the Director of Engineering
Service's office and appropriate fees paid, in addition to any other pennits
required.
C.
Plans, specifications, and supporting documents for all improvements shall
be prepared to the satisfaction of the Director of Engineering Services. Prior
to approval of the final map, the Subdivider shall install, or agree to install
. and secure with appropriate security as provided by law, improvements
shown on the tentative map and the following improvements to City
Standards to the satisfaction of the Director of Engineering Services:
All interior streets as shown on the tentative map, and 2 feet wide asphalt
concrete paving, PCC curb and gutter on the south side of Seacrest Way
ftom Saxony Road to this property.
D.
Street trees, a minimum of 24" box or larger, shall be installed in accordance
with the City of Encinitas standards and shall be planted at an average of
every 50 feet on interior streets. Streets approved include: all interior streets.
Said street trees shall be reviewed by the Community Services and Director
of Engineering Services Department. Trees shall be placed a minimum of
40 feet on center along the south side of Seacrest Way.
E.
Some improvements shown on the Tentative Map and/or required by these
conditions are located off-site on property which neither the City nor the
subdivider has sufficient title or interest to pennit the improvements to be
CDAcl95066TM.RES Last Edit: 6/18196
7.
8.
made without acquisition of title or interest. The subdivider shall conform
to Section 24.16.070 of the Encinitas Municipal Code.
UTILITIES
A.
The developer shall comply with all the rules, regulations and design
requirements of the respective utility agencies regarding services to the
project.
B.
The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and other applicable author;ities.
C.
All proposed utilities within the. project shall be installed underground
including existiQg utilities unless exempt by the Municipal Code. The
existing S.D.G.&E. 69 KV TransmiSsion line crossing the project along the
south side of the Seacrest Way alignment may remain, together with existing
overhead utilities attached to the poles for the 69 KV line only.
D.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
E.
This project may be phased as indicated on the Tentative Map to the
satisfaction of the Director of Engineering Services.
F.
Prior to final map approval, a public sewer main shall be extended to serve
each parcel within the development and all future homes shall gravity flow
to the public sewer system.
WATER
The applicant shall contact the San Dieguito Water District regarding compliance
with the following conditions:
A.
The subject properties are currently being served by two water meters (5/8"
and 2"). Upon development, each parcel will be required to be individually
metered. The owner is required to provide the District with a written
agreement stating which lots will receive the existing meters prior to map
recordation. The owner may wish to down size the 2" meter and apply the
capacity toward other meters. This must be done prior to map recordation.
CDIfcI95066TM. RES Last Edit: 611 &'96
B.
The plans and specifications for the installation of a water system to serve
each lot independently with public water must be approved by the San
Dieguito Water District prior to map recordation.
c.
The developer shall install the water system according to San Dieguito
Water District standards, and dedicate to the District the portion of the water
system which is to be public water.
D.
The developer will be required to enter into a secured agreement with the
San Dieguito Water District prior to map recordation.
E.
The developer will dedicate to the San Dieguito Water District all necessary
easements for that portion of the water system which is to be public.
F.
The developer will be required to show all existing and proposed water
facilities on Improvement Plans.
G.
The owner is required to comply with the District's fees, charges, rules, and
regulations, including installation of any required on- and off-site facilities.
CDItr:I95066TM. RES Last Edit: 6/181'96